Mendip District Council’s Asset of Community (ACV) Panel met this morning and decided that the land at ‘Packsaddle Fields’ is an Asset of Community Value.

I could not attend the meeting but wrote in support, and cllr Drew Gardner attended and spoke in favour. After hearing from the nominators (members of the People for Packsaddle local residents group) and the landowner (Somerset County Council’s Estates team) and a discussion, the three member panel decided to approve the application and enter the land at Packsaddle Fields onto the list of Assets of Community Value.

Please see the meeting agenda and reports including testimonies from over 100 residents here (and more background here), and extracts of the letter to the nominators below. Please note that the option agreement entered into by SCC in March 2022 is understood to be exempt from the requirements of the ACV process, and the landowner has a right to request a review of the decision.

However, the decision to approve the ACV application is very welcome as it is official recognition that the main use of the fields is as green space for informal recreation by local residents and that this benefits the local community’s wellbeing. It could also help protect the area in the planning system, as a 2011 Government policy statement says, ‘…the fact that the site is listed may affect planning decisions – it is open to the Local Planning Authority to decide that listing as an asset of community value is a material consideration if an application for change of use is submitted, considering all the circumstances of the case.’

The local community has come together to help protect an important asset of community value – so, well done everyone.

Another piece of news, the Packsaddle Fields site is also being officially identified as an open space in the Mendip District Council Open Space Audit, after so many people responded to the consultation. The update to the audit is being presented to Mendip’s Cabinet for approval on Monday 6th February – see item 8 appendices 2 and 3 via the link here https://www.mendip.gov.uk/article/11085/Cabinet-Monday-6-February-2023.

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Letter from Mendip District Council to the nominator, 31 January 2023:

‘The Land at Packsaddle Fields, Frome

Decision to list as an Asset of Community Value

Chapter 3 Part 5 Localism Act 2011 and The Assets of Community Value (England) Regulations 2012

Having considered all the information and submissions provided, following the nomination of The Land at Packsaddle Fields, Frome to be listed as an Asset of Community Value, Mendip District Council has decided to enter the property onto the list of Assets of Community Value (available online at www.mendip.gov.uk/acv). The information will be entered onto the local land charges register and the property will remain on this list until 31^st January 2028.

This decision has been taken because in the opinion of the authority:

• the current primary use of the land or use of the land in the recent past furthers the social well-being or social interests (cultural, recreational, or sporting interests) of the local community;
• it is realistic to think that now or in the next five years there could continue to be primary use of the  land which will further the social well-being or social interests of the local community.

In considering the first criteria, the Panel took into account the evidence presented in the nomination, supporting documentation and the nominator’s oral evidence presented to the Panel for community activity and informal recreation in the recent past.  The evidence presented by the landowner, both in writing and given orally, was also considered but the Panel concluded, on balance, that the evidence provided by the nominator was more compelling as to the current primary use of the land.

In considering the second criteria, the Panel took into account relevant case law on the standard of proof which must be satisfied in such cases, in particular the cases of: Patel v London Borough of Hackney [2013], Worthy Developments Ltd v Forest of Dean District Council [2014], Evenden Estates v Brighton and Hove City Council [2015], Banner Homes Ltd v St Albans City and District Council [2016] and King v Chiltern District Council [2016].  The Panel were particularly mindful of the fact that the potential future use of the land to further social wellbeing need only be one of a number of possible options that may be available.

An entry will been made on the Land Registry and the owner of The Land at Packsaddle Fields, Frome cannot dispose of it without:

• letting the local authority know that they intend to sell the asset or grant a lease of more than 25 years;
• waiting until the end of a six week ‘interim moratorium’ period if the local authority does not receive a request from a community interest group to be treated as a potential bidder;
• waiting until the end of a six month ‘full moratorium’ period if the local authority does receive a request from a community interest group to be treated as a potential bidder (in the first six weeks).

The owner of the property does not have to sell the asset to the community interest group. There is also a ‘protected period’ (18 months from the time that the owner notified the local authority of their intention to dispose of the asset) – during this time there can be no further moratoriums on sale and the owner is free to dispose of the property as they see fit.

Some types of disposal of assets, even though they are listed, are exempt from this process and in those circumstances the owner does not need to notify Mendip District Council. It is up to the property owner to determine if the disposal is exempt, and to demonstrate this to the Land Registry on registering the new owner. A number of the exemptions are set out in the Localism Act 2011 and these include disposals which are gifts, or which arise as part of the settlement of a will, which are made within families, or relate to ‘business to business’ going concern sales or made in accordance with the legally enforceable option agreement. A number of other exemptions are defined in the Assets of Community Value (England) Regulations 2012 – including sale due to insolvency, incapacity or divorce.

Landowners have the opportunity to request a review of the decision to enter an asset on the Assets of Community Value register, within 8 weeks of listing. Reviews are considered by an Officer of sufficient seniority not involved in the original decision. Decisions to list can only be overturned based on:

• The eligibility of the asset;
• The eligibility of the nominator;
• New evidence;
• Improper factors being taken into account in the original decision.

Landowners wishing to request a review of the decision should contact:

Sara Skirton, Group Manager: Corporate Services, at the address above, or via email: Sara.Skirton@mendip.gov.uk  by Tuesday 28^th March 2023, with information on why they believe the asset should not be listed (based on the criteria set out above) and whether an oral hearing is requested. A review of the decision will take place within 8 weeks of any request being received from the landowner.

We hope that any change to this decision will not be necessary, however, and that the opportunity that The Land at Packsaddle Fields, Frome being listed provides for community groups to be treated as potential additional bidders, should a relevant disposal be entered into, will be welcome.

Should a relevant disposal occur during the next 5 years and the landowner incur loss or expense in relation to the land which would be likely not to have been incurred if the land had not been listed; the landowner will be entitled to claim compensation from Mendip District Council. If the landowner believes this to be the case, claims for compensation must be made to Mendip District Council in writing, detailing the compensation sought for each part of the claim and the related evidence, before the end of 13 weeks after the loss or expense was incurred (or finishes being incurred). 

The Assets of Community Value (England) Regulations 2012 published by the Government provide further detailed information on this last point.

Yours sincerely,

Senior Property Officer – Operations‘

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